IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1018 of 2025 In Civil Writ Jurisdiction Case No.13975 of 2025 ====================================================== Kamlesh Kumar Son of Kedar Singh, Resident of Village Abgilla, P.O. and P.S. Rampur Chamam, District Arwal (Bihar). ... ... Appellant/s Versus 1. The State of Bihar through Principal Secretary, Land Reforms Department, Government of Bihar, Patna. 2. The Principal Secertary Land Revenue, Government of Bihar, Patna. 3. The District Magistrate cum Collector, Patna, District-Patna. 4. The Additional District Magistrate cum Collector Patna, District-Patna. 5. The Deputy Collector Land Reforms Paliganj, Patna. 6. The Circle Officer Paliganj, District-Patna. 7. Dhiraj Kumar, Son of Late Shiv Pd. Shaw, Village Imamganj, P.O. Shankarpur, P.S. Imamganj, District-Patna. 8. Mantu Kumar, Son of Misri Saw, Village Imamganj, P.O. Shankarpur, P.S. Imamganj, District-Patna. 9. Hari Shankar Kumar, Son of Misri Saw, Village Imamganj, P.O. Shankarpur, P.S. Imamganj, District-Patna. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Sanjay Kumar Sinha, Advocate For the Respondent/s : Mr. Mujtabaul Haque, GP 12 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 4 17-08-2026 Heard learned counsel for the parties. 2. The present intra court appeal has been preferred against the order dated 04.09.2025 passed in CWJC No. 13975 of 2025, whereby the writ petition preferred by the writ petitioner (appellant herein) came to be disposed of. Patna High Court L.P.A No.1018 of 2025(4) dt.17-08-2026 2/5 3. The case of the appellant, in brief, is that his father, Kedar Singh Yadav, purchased 35½ decimals of land bearing Khata No. 72, Khesra No. 731, situated at Mauza Jamharu, Thana No. 391, from Shiv Prasad Saw by a registered sale deed dated 08.06.2009. The said land was recorded in the name of the vendor in the Government records for the year 2008-09. After the death of Kedar Singh Yadav on 26.01.2024, the appellant sought mutation of the land in the name of his mother, but came to know that Jamabandi in respect of the same land had been opened in favour of Mantu Kumar and Hari Shankar Kumar, who claimed to be the step-brothers of the original vendor, Shiv Prasad Saw. 4. On the appellant's complaint, an inquiry was conducted by the Revenue Karamchari, who, in his report dated 31.12.2024, found that the land was originally recorded in the name of Shiv Prasad Saw and that the Jamabandi in favour of Mantu Kumar and Hari Shankar Kumar had subsequently been created fraudulently. The Circle Officer, Paliganj, by order dated 22.01.2025, also found the said Jamabandis to have been fraudulently created and observed that their cancellation required an order of the competent authority. The matter was accordingly forwarded to the Additional Collector, Patna, by Patna High Court L.P.A No.1018 of 2025(4) dt.17-08-2026 3/5 letter dated 20.03.2025, where it remained pending. 5. Aggrieved by the continued inaction, the appellant approached this Court by filing C.W.J.C. No. 13975 of 2025, which was disposed vide order dated 04.09.2025, the said order reads as follows: “No one is present on behalf of the petitioner while Mr. Mujtabaul Haque, learned GP-12 for the State, is present. 2. The instant petition has been filed by the petitioner with a prayer for issuance of a writ to direct the respondent authorities to cancel Jamabandi Nos. 36/VIII and 37/VIII, which stand in the names of Mantu Kumar and Harishanker Kumar, both sons of Mishri Saw, with the description of the land being Thana No. 391, Khata No. 72, Khesra No. 731, Area – 35.3 decimals, Mauza – Jamhari, in Paliganj Block. 3. From the averments made in this petition, this Court is of the view that petitioner has not made out a case for exercising the writ jurisdiction by this Court for redressing his grievance as he has specific efficacious statutory remedy under the Bihar Land Mutation Act, 2011. 4. Accordingly, the instant writ petition stands disposed of.” 6. Learned counsel for the appellant submits that the writ petition was taken up for the first time on 04.09.2025, and that he could not appear before the learned Writ Court due to unavoidable circumstances i.e. the Bihar Band on the said date, which prevented him from reaching the Court. It is submitted Patna High Court L.P.A No.1018 of 2025(4) dt.17-08-2026 4/5 that the non-appearance was neither deliberate nor intentional and, therefore, the appellant ought to have been afforded one more opportunity to advance his submissions on merits. 7. Upon consideration of the submission advanced on behalf of the appellant and having perused the materials available on record, we find that the ground stated for the non- appearance appears to be genuine. Since the matter was being taken up for the first time, in our considered view, an indulgence ought to have been afforded to the appellant to place his case before the learned Writ Court. In the circumstances, we are of the view that the matter deserves to be remitted for fresh consideration. 8. Accordingly, the impugned order dated 04.09.2025 passed in C.W.J.C. No. 13975 of 2025 is set aside. 9. The matter is remitted to the learned Writ Court for fresh consideration in accordance with law, after affording due opportunity of hearing to the appellant and the other concerned parties and after taking into consideration the relevant materials available on record. 10. Accordingly, the present intra-court appeal stands allowed. 11. It is made clear that this Court has not expressed Patna High Court L.P.A No.1018 of 2025(4) dt.17-08-2026 5/5 any opinion on the merits of the claim of either party. 12. Pending application(s), if any, shall also stand disposed of. vanisha/anushka (Sudhir Singh, ACJ) (Rajesh Kumar Verma, J) U